Following the dispute between the famous car manufacturer Ferrari and the Autec AG, holded by the Kurt Hesse with respect to trademark "Testarossa" in Germany, arised the well known trademarks genuine use issue.

In its judgment of 25 July 2018 in Case C-129/17, Mitsubishi Shoji Kaisha Ltd v. Duma Forklifts, the Court of Justice of the European Union (CJEU) ruled that the removal of the mark from imported original goods and the application of marks of the importer constitutes trademark infringement.

In its judgment, the German Federal Court of Justice dismisses the appeal of the patent proprietor and also substantially follows the German Federal Patent Court with respect to the grounds for its decision.

Following the dispute between the famous car manufacturer Ferrari and the Autec AG, holded by the Kurt Hesse with respect to trademark "Testarossa" in Germany, arised the well known trademarks genuine use issue.

In its judgment of 25 July 2018 in Case C-129/17, Mitsubishi Shoji Kaisha Ltd v. Duma Forklifts, the Court of Justice of the European Union (CJEU) ruled that the removal of the mark from imported original goods and the application of marks of the importer constitutes trademark infringement.

In its judgment, the German Federal Court of Justice dismisses the appeal of the patent proprietor and also substantially follows the German Federal Patent Court with respect to the grounds for its decision.